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South African Court Bans Sudanese President from Leaving AU After ICC Calls for His Arrest

BellaNaija.com

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Sudanese President BellaNaija

President Omar al-Bashir (middle) with other African Leaders at AU Summit

A South African judge on Sunday gave a directive banning Sudanese President Omar al-Bashir from leaving the country after the International Criminal Court (ICC) called for him to be arrested at the African Union (AU) summit.

Yahoo News reports that al-Bashir is wanted for alleged war crimes against humanity and genocide in the Darfur conflict.

Sources say the ruling was the first time any court has prevented a head of state from leaving a country following a request by the ICC.

“President Omar al-Bashir of Sudan is prohibited from leaving the Republic of South Africa until the final order is made in this application,” Judge Hans Fabricius said in the ruling.

However, despite the court order, Sudanese officials say they are disregarding the court order.

“We will leave on time as scheduled,” Sudan Foreign Minister Ibrahim Ghandour said.

“We are not abiding with any decision of any court. We are here as guests of the government of South Africa. Assurances have been made by that government.

President Bashir is a leading president, a member of the summit of the African Union and will continue attending the summits wherever they are being held inside Africa,” he said.

Photo Credit: Yahoo News

8 Comments

  1. whocares

    June 15, 2015 at 1:15 pm

    What mandate though? Whatever happened to the principle of sovereignty? If they say they are the guests of the government, does that mean the court just went ahead and did its own thing? How could it? where is the precedent for such an action? he is not even a deposed president, he is a current president! by a national court no less!!! *expires from excitement*

  2. John

    June 15, 2015 at 1:37 pm

    Isn’t this same man that Osibajo went for his inauguration?
    Same APC anti corruption team for a man who is wanted?
    yeye dey smell

  3. cindy

    June 15, 2015 at 2:35 pm

    What happened to him being arrested in his own country? South Africa messed up this one. Kissing up to westerners as usual.

  4. Zee

    June 15, 2015 at 2:44 pm

    He has now left South Africa.

  5. BongsZulu

    June 15, 2015 at 5:05 pm

    Just look at the not-so-well-informed comments from clueless people like Cindy and co. who clearly are so well-versed when it come international law, the ICC and countries who are signatories thereof. Well, FYI: Al Bashir has actually left South Africa under a cloud of controversy, much to the dismay of the whole world. Point is, go read a little on international matters including but not limited to, the International Criminal Court, it’s signatories and their responsibilities.

    • whocares

      June 15, 2015 at 5:28 pm

      The ICC is just that, another international entity like every other one. If you know as much as you posit to know, you will know that states more often that not flouts its decision regardless of sanctions. Except in issues that concern jus cogens which this does. However, no state is allowed to violate the principle of sovereignty unless the above is involved you should know that also. The Somalian president by virtue of his position as a present president enjoys the immunity all presidents in recognised countries have and this is where the clash happens and that is why we all find this interesting. How do you justify this? How many decisions, decrees have international bodies made that states have just walked over? Should we go into Nicaragua and the U.S.A as a basic public international law example that was merely supporting the troops yet did the U.S not go ahead with it? So now, explain to me how in the absence of support from other countries how one court in S.A thinks it can detain him? Now, if other countries in A.U alienates Sudan trade embargoes etc etc then maybe that will work and that is how it always works in international law. The courts make rules that are in my opinion usually ineffectual until one state slams the other with a trade embargo or no fly zone or some economic sanctions of some sort.
      That aside, what is the position of the AU here? He went to the AU meeting. The AU still recognises him as president of Sudan clearly regardless of what the ICC says. and that is the underlying problem with international law. It is good to know the text sure, but application of those texts in reality is always such a glorious interesting mess don’t you think?

  6. BongsZulu

    June 15, 2015 at 5:06 pm

    Just look at the not-so-well-informed comments from clueless people like Cindy and co. who clearly are not so well-versed when it come international law, the ICC and countries who are signatories thereof. Well, FYI: Al Bashir has actually left South Africa under a cloud of controversy, much to the dismay of the whole world. Point is, go read a little on international matters including but not limited to, the International Criminal Court, it’s signatories and their responsibilities.

    • whocares

      June 15, 2015 at 5:49 pm

      damned message posted before i finished. You are also aware about the tension between the African Union and the ICC right? and that the A.U urged its member states to ignore the ICC’s request for the arrest of Bashir? The whole world is not dismayed he left South Africa. That was always going to happen. Why the South African court felt the need to make that move is what I dont understand, it was not going to make any difference at all.

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